a server came to my moms house to serve my brother, my brother doesnt live there and she told him that for several times he attempted to serve my brother. Today he came back and when my mom opened the door he yelled at her and called her an "F* Liar, and throw the court papers at my mom. In her defense she got upset and threw them back. He said he saw my brothers car which could be true because my brother would come to drop of my nephew to my moms house but the time he threw the papers my brother car wasnt there. He kept calling my mother a f* liar, then threw the papers in the grass and got in a car and left. Is this legal ? What can be done about this ?
Being rude is not an actionable offense. We all live with these kind of people and move on with our lives.
Your mother should send a declaration or affidavit to the court saying that somebody dropped papers at her house for her son who has not lived at that address of xxx number of years and he doesn't know anything about the lawsuit as far as she knows. Have it notarized and it should be enough.
I agree with the previous answer that your mother can’t take any action about a rude process server. She shouldn’t even have argued with him at all. There’s just no point. Tell him that he’s at the wrong address, and then walk away.
I do t believe she needs to do anything at all regarding that service. It iwill be the serving party’s obligation to prove that he made good service, and throwing papers on the lawn at the wrong house isn’t going to do it. I don’t think she needs to submit an affidavit or anything. If it were me, I’d leave the papers right on the lawn to blow away.
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Let brother know that he will be defaulted unless he takes action.
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"He said he saw my brothers car which could be true because my brother would come to drop of my nephew to my moms house but the time he threw the papers my brother car wasnt there." …….and THAT raises the issue of who playing games with who. So you are aware, MANY people flat out lie to avoid service of process or warrants and obviously there is some connection with your brother to your mom's house, where his car is there at least on occasion. The remedy here is simple, your mother provides the process server with your brother's current address and they can go serve him there. Otherwise, if its obvious your mother is covering for your brother or running interference for him, then she can't be offended at being called name over it. Its not "professional" so to speak, but in the process serving world, the people being served are rarely "professional" or courteous either. The bigger issue is your brother needs to be aware that the process server may be filing paperwork claiming substitute service on your mother so he if he does not address this properly, likely with a lawyer, he may find the court defaulting him and a bigger issue to deal with.
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Nothing happens. Process server is allowed to swear.
Your mother amped up the whole scene=--thinking she was defending her son (which she wasn't)..
Give the papers to your brother so he can handle his stuff.
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